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- Association of Washington Business v. Washington S...
Litigation
Association of Washington Business v. Washington State Department of Ecology
Date
2018
Geography
About this case
Documents
Filing Date
Type
Action Taken
Document
Summary
01/16/2020
Decision
Trial court ruling that rule exceeded Ecology’s authority affirmed but remedy modified to invalidate rule only to the extent it regulated nonemitters via an emission standard.
The Washington Supreme Court concluded that the Washington Clean Air Act did not grant the Department of Ecology authority to regulate indirect greenhouse gas emissions of businesses and utilities whose products ultimately generate such emissions. The court therefore invalidated regulations promulgated by Ecology to the extent the rules regulated “nonemitters” (i.e., petroleum product producers and importers and natural gas distributors) but allowed the regulations’ continued application to “actual emitters.” Ecology projected that the emissions from combustion of products sold by these “nonemitters” or “indirect emitters” accounted for approximately 74% of the emissions covered by the regulations.
11/20/2018
Reply
Reply brief filed by intervenor-appellants Washington Environmental Council et al.
–
Summary
Challenge by business and trade groups to greenhouse gas regulations adopted by the Washington Department of Ecology.